S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3115

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of  A.  ORTIZ, MILLMAN, SCARBOROUGH, CASTRO, HOOPER,
  WEISENBERG, JAFFEE, KAVANAGH, WEPRIN, LAVINE, ROBINSON --  Multi-Spon-
  sored by -- M. of A. CLARK, COOK, GOTTFRIED, HIKIND, MARKEY, THIELE --
  read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  general  obligations  law and the labor law, in
  relation to the duties of skiers and ski area operators and  penalties
  for violation thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 18-103 of the general obligations law is amended by
adding two new subdivisions 15 and 16 to read as follows:
  15. TO ENSURE THAT SKIERS ARE NOT PERMITTED  TO  ENTER  THE  SKI  AREA
WITHOUT A PROTECTIVE HELMET.
  16.  TO  MAKE  AVAILABLE  TO THE PUBLIC, FOR SALE OR LEASE, PROTECTIVE
HELMETS.
  S 2. Section 18-105 of the  general  obligations  law  is  amended  by
adding a new subdivision 12-a to read as follows:
  12-A. TO WEAR A PROTECTIVE HELMET WHILE IN THE SKI AREA;
  S  3.  Paragraph  c  of subdivision 1 of section 18-106 of the general
obligations law, as added by chapter 711 of the laws of 1988, is amended
to read as follows:
  c. To make available at reasonable fees, as  required  by  subdivision
thirteen  of  section  18-103 of this article, instruction and education
for skiers relative to the risks inherent in the sport  and  the  duties
prescribed  for skiers by this article, EDUCATIONAL LITERATURE REGARDING
INJURY PREVENTION and to conspicuously post  notice  of  the  times  and
places  of  availability  of such instruction and education in locations
where it is likely to be seen by skiers; and
  S 4. The labor law is amended by adding a new section 867-a to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06969-01-3

              

A. 3115                             2

  S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
HAS KNOWINGLY VIOLATED THE PROVISIONS OF SUBDIVISION FIFTEEN OR  SIXTEEN
OF SECTION 18-103 OF THE GENERAL OBLIGATIONS LAW, THE COMMISSIONER SHALL
IMPOSE  A  FINE OF ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION, TWO
HUNDRED   DOLLARS  FOR  A  SECOND  VIOLATION,  AND  FOR  ANY  SUBSEQUENT
VIOLATION, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A HEAR-
ING THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A  PERIOD
OF THREE DAYS.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.